1. Concept and legal basis
| Art. 280. Qualified trespass to dwelling. – Any private person who shall enter the dwelling of another against the latter’s will shall be punished by arresto mayor and a fine not exceeding Two hundred thousand pesos (₱200,000). |
| If the offense be committed by means of violence or intimidation, the penalty shall be prisión correccional in its medium and maximum periods and a fine not exceeding Two hundred thousand pesos (₱200,000). |
| The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inns and other public houses, while the same are open. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) The offender is a private person;
2) That he enters the dwelling of another; and,
3) Such entrance is against the latter’s will. (Marzalado, Jr. v. People, G.R. No. 152997, 10 November 2004)
NON-APPLICABILITY; EXEMPT: The provisions of this article shall not be applicable to any person who shall enter another’s dwelling: (a) for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, (b) nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, (c) nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open. (Paragraph 3, Article 280, Ibid.)
REMINDERS:
1) A dwelling is where someone uses as a residence, whether permanent or temporary.
2) If committed by a public officer, the crime is violation of domicile.
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
